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EXHIBIT 10(aa)3
SECOND ADDENDUM TO XXXXXXX COMMONS
BUSINESS PARK NET LEASE
This Second Addendum to that certain Xxxxxxx Commons Business
Park Net Lease, dated September 27, 1991 (the "Lease"), by and between XXXXXXXX
METALS DEVELOPMENT COMPANY, a Delaware corporation ("Landlord), and LIFECARE
INVESTMENTS, INC., a Delaware corporation ("Tenant), as amended by the First
Addendum to the Lease, hereby modifies and amends the Lease, as amended, as
follows:
1. Notwithstanding anything to the contrary contained in
Paragraph 6 of the First Addendum to the Lease, as amended
hereby, Tenant shall be required to pay to Landlord Tenant's
Share of Common Area maintenance charges and Real Property
Taxes and any other payments constituting Additional Rent
payable by Tenant under the Lease beginning with the
Commencement Date.
2. Section 4.1(a) of the Lease is hereby amended by increasing
the Annual Rent for the second twelve months of the term of
the Lease from $103,941.25 to $106,062.50 and the Monthly Rent
from $8,661.77 to $8,838.54.
3. Paragraph 6(a) of the First Addendum to the Lease is hereby
amended to read as follows:
"(a) During the first two (2) months of the term of the Lease,
Tenant shall not be required to pay Monthly Rent. During the
third and fourth months of the term of the Lease, the Monthly
Rent payable by Tenant shall be reduced by fifty percent
(50%)."
4. Section 43(f) of the Lease is hereby amended by adding the
following two sentences at the end thereof:
"Upon final completion of the Improvements, occupancy of the
Premises by Tenant and full compliance with the conditions set
forth above, if the amount paid by Landlord to Contractor and/or
any lienor on behalf of Tenant is less than $271,520, Landlord
shall pay to Tenant an amount equal to the difference between
$271,520 and the amount previously paid by Landlord pursuant to
this Section 43(f), which amount shall be used by Tenant to pay for
other business expenditures of Tenant. In no event shall Landlord
be required to pay more than $271,520 pursuant to this Section
43(f)."
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IN WITNESS WHEREOF, the parties have executed this First
Addendum on the dates specified immediately below their respective signatures.
Landlord:
XXXXXXXX METALS
DEVELOPMENT
COMPANY
By:
Witness D. Xxxx Xxxxxxx
Executive Vice President
Date:
Witness
Tenant:
LIFECARE INVESTMENTS, INC.
By:
Witness
Title:
Date:
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